Cyclist gets €190k off taxi driver despite being 80% responsible

[watty]

Dashcam, green light, 33km/hr, even witnesses & the taxi driver still lost!

Cyclist injured in collision after breaking red light secures €190,000 settlement

A cyclist who broke a red light at a junction in Dublin’s inner city, was hit by a car and ended up with head injuries has settled a High Court action for €190,000.  The settlement is based on an agreement that the cyclist, Anton Mazilu, is 80 per cent responsible for the incident near the North Strand Road on July 27th, 2020.

Mr Mazilu’s senior counsel, Michael Byrne, told the High Court his client was thrown off his bike into the air and landed on his head. He suffering devastating head injuries following the collision, which happened in the early morning on a wet day.  Mr Mazilu (64), from Comuna Halaucesti, Romania, sued the motorist, taxi driver Derek Kiernan, of Westbrook Drive, Balbriggan, Co Dublin, over the incident. It was claimed there was a failure to keep a proper lookout and a failure to see or heed the presence of the cyclist on the road.

Mr Kiernan denied all the claims and contended that the collision occurred when the cyclist proceeded into the junction through a red traffic light when it was manifestly unsafe to do so and at a time when the driver could not reasonably have anticipated that he would do so.  He further contended there was contributory negligence on the part of the cyclist who, he said, had failed to obey the red light that was showing to him.  He claimed Mr Mazilu cycled suddenly and without warning across the path of the car without first satisfying himself that other road users were aware of his presence on the roadway.

Mr Byrne told the court that Mr Mazilu was a self-employed welder in Dublin before the incident.  He said the cyclist broke a red light at the junction and was cycling through when the lights on the taxi driver’s side turned green and vehicles moved off and the taxi driver advanced.  Counsel said the speed at the point of impact was in the region of 33km/h.  According to witness statements, Mr Byrne said it would appear that the driver would have had no chance to see the cyclist and dash cam footage from the car was also available.  Counsel said Mr Mazilu suffered devastating head injuries and was in hospital in Dublin until September and later went to stay with his daughters in Italy to recover before returning home to Romania.  Ms Justice Leonie Reynolds noted the settlement. She congratulated both sides on the excellent outcome, which she said she had no hesitation in approving.

[Octavia1]

Dashcam, green light, 33km/hr, even witnesses & the taxi driver still lost!

Cyclist injured in collision after breaking red light secures €190,000 settlement

A cyclist who broke a red light at a junction in Dublin’s inner city, was hit by a car and ended up with head injuries has settled a High Court action for €190,000.  The settlement is based on an agreement that the cyclist, Anton Mazilu, is 80 per cent responsible for the incident near the North Strand Road on July 27th, 2020.

Mr Mazilu’s senior counsel, Michael Byrne, told the High Court his client was thrown off his bike into the air and landed on his head. He suffering devastating head injuries following the collision, which happened in the early morning on a wet day.  Mr Mazilu (64), from Comuna Halaucesti, Romania, sued the motorist, taxi driver Derek Kiernan, of Westbrook Drive, Balbriggan, Co Dublin, over the incident. It was claimed there was a failure to keep a proper lookout and a failure to see or heed the presence of the cyclist on the road.

Mr Kiernan denied all the claims and contended that the collision occurred when the cyclist proceeded into the junction through a red traffic light when it was manifestly unsafe to do so and at a time when the driver could not reasonably have anticipated that he would do so.  He further contended there was contributory negligence on the part of the cyclist who, he said, had failed to obey the red light that was showing to him.  He claimed Mr Mazilu cycled suddenly and without warning across the path of the car without first satisfying himself that other road users were aware of his presence on the roadway.

Mr Byrne told the court that Mr Mazilu was a self-employed welder in Dublin before the incident.  He said the cyclist broke a red light at the junction and was cycling through when the lights on the taxi driver’s side turned green and vehicles moved off and the taxi driver advanced.  Counsel said the speed at the point of impact was in the region of 33km/h.  According to witness statements, Mr Byrne said it would appear that the driver would have had no chance to see the cyclist and dash cam footage from the car was also available.  Counsel said Mr Mazilu suffered devastating head injuries and was in hospital in Dublin until September and later went to stay with his daughters in Italy to recover before returning home to Romania.  Ms Justice Leonie Reynolds noted the settlement. She congratulated both sides on the excellent outcome, which she said she had no hesitation in approving.

Sickening case of " the laws an ass " ..
if the law breaking cyclist had died ....wud the driver be facing  a man slaughter charge then ?

[watty]

The case was heard in the High Court so does that mean a precedent has been set?  Does this open the floodgates and can people just throw themselves in front of cars/taxis and expect thousands of euro in compo?  Will people start hiding behind trees and wait until the 'right' car comes along?

[Bob Shillin]

Think that it was probably a case of mercy on the part of the court for the insurance co to help the injured guy' recovery such as that might be. I suppose that it might be ok as long as the driver's premiem was not affected, which is unlikely.

[Octavia1]

The case was heard in the High Court so does that mean a precedent has been set?  Does this open the floodgates and can people just throw themselves in front of cars/taxis and expect thousands of euro in compo?  Will people start hiding behind trees and wait until the 'right' car comes along?

It wud appear so....I tink ill get another dash cam ....or maybe ide be wasting me money 

[Octavia1]

Think that it was probably a case of mercy on the part of the court for the insurance co to help the injured guy' recovery such as that might be. I suppose that it might be ok as long as the driver's premiem was not affected, which is unlikely.

100% Bob....the driver be paying thousands more for the next 5 years is it ?
I wud tink if it was me I wudnt be able to live with that  an wud more than likely jack it in ....

[taxi1990]

The case was heard in the High Court so does that mean a precedent has been set?  Does this open the floodgates and can people just throw themselves in front of cars/taxis and expect thousands of euro in compo?  Will people start hiding behind trees and wait until the 'right' car comes along?

It wud appear so....I tink ill get another dash cam ....or maybe ide be wasting me money 

That already happens, hiding behind trees and jumping out hoping to be hit. Some girl told me she saw that happening one day, she said to her dad, we better report that to the Guards, the dad said "someone else will"

[John m]

The Law IS .You must be able to Stop .The taxi driver could not .That is what the case would of been settled on .Me Lord this is a Cunt of a Junction that requires extreme caution .A PROFESSIONAL driver would be aware of the Hazard .It is our contention that while observing the relevant speed limit the Professional Driver was not it total control of his vehicle .

If it was a Civilian driver he may of lost possibly even lost his life .We are ASSUMED to be Professional Drivers and I would suggest that based on miles Driven Taxi Drivers and HGV drivers are indeed Professional and the safest drivers on the Road .

[Bubba Ho-Tep]

The case was heard in the High Court so does that mean a precedent has been set?  Does this open the floodgates and can people just throw themselves in front of cars/taxis and expect thousands of euro in compo?  Will people start hiding behind trees and wait until the 'right' car comes along?

Anyone can take a case to the High Court. There`s a minimum compensation limit that must be reached when awarding costs though. If you fail to reach the minimum, you could be awarded Circuit Court OR District Court costs which may wipe out the compensation awarded or worse still, leave you in debt if it`s a District Court settlement amount.
District max €15000
Circuit max €60000
High max € loads

[taxi1990]

I wonder did the head injury cure him of his stupidity? seeing as he was a thicko who thought a red light meant it was safe to keep going, maybe the head injury cured his slow brain.

[markmiwurdz]

The oldest trick in the book,it's like hitting a pedestrian (no matter what they do) it's your Insurance Company  that will cough up,saves the state having to pay them.

[Punter]

Madness---80% correct and he's out of business--imagine if same standards were to be attained by our Politicians,Gardai and Public Service !

[Bubba Ho-Tep]

Madness---80% correct and he's out of business--imagine if same standards were to be attained by our Politicians,Gardai and Public Service !

80% equates to €760,000 the insurance didn`t have to pay out.

[Horse]

I was sitting at the lights one night at Kevin Street to cross over to cuffe Street. The traffic heading from aungier Street to Wexford Street was the usual gridlock.  There was a bloke loitering at the corner at that pub, can't remember what it was called, the granite or marble, something to do with stone. Anyways a car stuck trying to get up Wexford Street banged an illegal right onto Kevin Street and yer man was out light a light, rolling over his bonnet, holding his back on the ground. I seen it all unfold from a front row seat. Yer man is obviously fcuked because an illegal right but this vermin was waiting, knowing some cnut is gonna turn because of the traffic.

[taxi1990]

what would he be looking at next year for insurance? 7,000?